Who Are You To Help Him? Delhi HC Slams Petitioner Seeking Extraordinary Bail For CM Kejriwal

The Delhi High Court on Monday dismissed a plea seeking the release of Delhi Chief Minister Arvind Kejriwal on "extraordinary interim bail" in all criminal cases registered against him.

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora has also imposed a cost of Rs 75,000 on the petitioner while stating the petition is not maintainable as the Chief Minister is in judicial custody under a court order.

The court said as per Live Law: "It is important to remember that the principle of equality enshrined in the Constitution of India and the rule of law be ever so high, the law is above you...this court in writ jurisdiction can't grant extraordinary interim bail in pending cases initiated against a person holding high office."

The bench also found it strange that the petitioner had to provide a personal bond in favour of Kejriwal, along with an undertaking that Kejriwal would not influence witnesses. "The petitioner holds no power of attorney for Respondent no. 5 (Kejriwal) to make such statements or hold personal bonds," it said.

The bench stated: "Respondent no. 5 (Kejriwal) is in judicial custody and has the means and wherewithal to approach court and file appropriate proceedings which in fact he has done before this court as well as the Apex Court. Consequently, no relaxation of principle of locus standi is called for."

The public interest litigation (PIL) claimed that the safety and security of Kejriwal is in danger because he is confined with hardcore criminals, who are facing prosecution in cases such as rape, murder, dacoity and bomb blast, according to a report in PTI.

The petition claimed that several inmates including gangsters like Prince Teotia and Tillu Tajpuria were killed in custody despite the security given by the jail authorities.

Filed by a fourth-year law student under the title "We the people of India," the petitioner stated a desire to avoid personal recognition or benefit. The petition was submitted through Advocate Karan Pal Singh.

Senior Advocate Rahul Mehra, representing Kejriwal, contested the prayers sought, deeming them entirely impermissible.

"The person concerned (Kejriwal), if he wants, he will move it. Who is this person to file such petition? This is a publicity interest litigation, completely misguided... Very sorry state of affairs," the advocate said.

The court then said, "He says, he is taking steps in the proceedings. He doesn't need any help of yours. He is satisfied. Who are you to help him? Are you the member of United Nations that you got the veto power?...He is saying he doesn't require your decision. He doesn't want your assistance. Leave it at that."

The legal counsel argued that the Delhi Chief minister is not available since his arrest due to which the three crore people are suffering. He petitioner highlighted that he is a registered voter and not affiliated to any party.

Responding to his argument, the court stated, "Then there should be no undertrial in custody, according to you. Does the petitioner has good attendance in law school? It seems he does not follow the principles of law....We have said earlier, at times personal interest has to be subordinate to national interest. It is the personal call of the Chief Minister.... You'll give personal bond as surety? You'll ensure he won't influence witnesses? Who are you?.... How can you say all this? We are dismissing it with costs."

Kejriwal was arrested by the ED on March 21, hours after the high court refused to grant him protection from coercive action by the federal anti-money laundering agency.

He was sent to judicial custody on April 1 after he was produced in the trial court on the expiry of his ED custody. He is currently lodged in Tihar jail.